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1996 DIGILAW 444 (RAJ)

Munni Devi W/o Kundanlal v. Mala Ram S/o Jai Ram

1996-04-26

P.C.JAIN

body1996
JUDGMENT 1. - The appellant-claimants filed a claim petition before the learned Motor Accidents Claims Tribunal, Ratangarh, which was dismissed for non-prosecution, on 20.12.1995. Thereafter, the appellants moved an application for restoration of the claim petition but the same was also filed as barred by time. On behalf of appellants, on 13.3.1996 an application supported by an affidavit was moved, in which, it was specifically stated that the appellants engaged Shri Ram Narayan Advocate but unfortunately he expired on 10.12.1995 and after his death, non-appeared the appellants and hence the application of the appellants was also dismissed on 20.12.1995. 2. The appellants came to know about this fact, only on 20.2.1996 and thereafter, the application for restoration of the application was moved. 3. I have perused the application and the affidavit. The facts stated in the application supported by affidavit are sufficient in my view entitling the appellants, to get the case registered at it's original number.I, therefore, allow this appeal, set aside the impugned orders dated 13.3.1996 and 20.12.1995 passed by the learned Tribunal and Order that the case may now be registered at its original number and further proceedings be taken in accordance with law.Appeal Allowed. *******